EDCT Amendment 0006.pdf

(x)

70RFP125RE2000007

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Philadelphia PA 19106 Attn: Carly Diffenderfer

OPO/FPS/EAST CCG/R2

701 Market Street, Suite 4200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 2

Philadelphia PA 19106 701 Market Street, Suite 4200

70RFP1

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS EAST CCG DIV 1 ACQ DIV(70RFP1)

05/30/20250006

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/22/2025

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

RFP 70RFP125RE2000007 - Explosive Detection Canine Team (EDCT) Services in Manhattan, NYC, NY & Bethesda, MD.

The purpose of Amendment 0006 is for the following:

1. Provide responses to questions posed from industry.

2. Provide the applicable Collective Bargaining Agreement (See attached)

3. Provide a seniority list (See attached)

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Thomas S. Schrank

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP125RE2000007/0006

4. Provide an updated Statement of Work (SOW) and

SOW Exhibits (See attached)

5. Vendors proposal shall acknowledge all amendments.

6. Answers to vendor questions are provided for informational purposes and do not amend or change the terms of the solicitation. If there is a conflict between the solicitation and the information provided in the answers to the questions, the solicitation governs.

6. All other terms and conditions remain unchanged.

Period of Performance: 10/01/2025 to 09/30/2026

Contract Specialist: Carly Diffenderfer, carly.diffenderfer@fps.dhs.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

DEPARTMENT OF HOMELAND SECURITY

FEDERAL PROTECTIVE SERVICE

STATEMENT OF WORK

FOR

EXPLOSIVE DETECTION CANINE TEAM (EDCT)

SERVICES

TABLE OF CONTENTS

1 INTRODUCTION

1.1 GENERAL INFORMATION

1.2 FEDERAL PROTECTIVE SERVICE

1.3 ACRONYMS

1.4 FEDERAL MANAGEMENT REGULATIONS (FMR) AND OTHER APPLICABLE DOCUMENTS

1.5 CONTRACTOR COOPERATION IN LITIGATION AND OTHER RELATED MATTERS………………………………..…………………………………………. 7

2 CONTRACT TRANSITION

2.1 PHASE – IN

2.2 PHASE – OUT OF CONTRACT AND CONTINUITY OF SERVICES

2.3 CONFERENCES AND MEETINGS

3 PLANS

3.1 GENERAL

3.2 TRANSITION PLAN

3.3 TRAINING PLAN

3.4 QUALITY CONTROL PLAN

3.5 CONTINUITY OF OPERATIONS (COOP) PLAN

3.6 PRIVACY ACT, RECORD MANAGEMENT, AND IT SECURITY REQUIREMENTS………………………………………………………………….………… 12

4 AUTHORITY AND JURISDICTION, LICENSES, AND ADHERENCE TO LAWS

4.1 GENERAL INFORMATION

4.2 STATE AND LOCAL REQUIREMENTS

5 EDC HANDLER AND CANINE QUALIFICATIONS

5.1 GENERAL INFORMATION

5.2 MEDICAL AND PHYSICAL QUALIFICATIONS

5.2.1 GENERAL INFORMATION

5.2.2 PRE-EMPLOYMENT MEDICAL EXAMINATIONS

5.2.3 INITIAL, RANDOM, AND RECURRING SCREENING FOR ILLEGAL DRUGS

5.2.4 GOVERNMENT REQUESTED SCREENING……………………………………………………….………………………………………………………………………. 20

5.3 FITNESS DETERMINATIONS

5.4 ENTRY ON DUTY (EOD) DECISIONS

5.5 FAVORABLE DETERMINATIONS

5.6 UNFAVORABLE DETERMINATIONS

5.7 SECURITY CLEARANCES

6 TRAINING, CERTIFICATIONS AND QUALITY

6.1 GENERAL INFORMATION

6.2 TRAINING SCHEDULE

6.3 TRAINING CERTIFICATIONS

6.4 TRAINING REQUIREMENTS

6.5 AUTOMATED EXTERNAL DEFIBRILLATOR (AED), CARDIOPULMONARY RESUSCITATION (CPR), FIRST AID, OR EMERGENCY

MEDICAL TECHNICIAN (EMT)…………………………………………………………………………………………………………………………………………………… 28

6.6 QUALIFICATION OF CANINES AND HANDLERS

6.6.1 CANINE TRAINING AND CERTIFICATION

6.6.2 HANDLER TRAINING AND CERTIFICATION

6.6.3 QUALITY ASSURANCE CONSIDERATIONS

6.7 GOVERNMENT-PROVIDED TRAINING

6.8 OTHER SPECIAL TRAINING

7 CONTRACTOR AND EDCT FILES

7.1 MASTER CERTIFICATION LIST

7.2 PERSONNEL AND CANINE FILES

7.3 AUDIT OF PERSONNEL FILES

8 WAIVERS AND DEFERMENTS

9 REQUIRED SERVICES

9.1 ORDER OF PRECEDENCE

9.2 POST ORDERS

9.3 TIME AND ATTENDANCE

9.4 FPS Form 139, RECORD OF TIME OF ARRIVAL AND DEPARTURE FROM BUILDINGS (DURING POST HOURS)

9.5 POST TRACKING SYSTEM (PTS)

9.6 REPORTS, RECORDS, AND TESTIMONY

9.7 TYPICAL POST DUTIES

9.8 CIVIL DISTRURBANCES

9.9 EMERGENCIES

9.10 PRIMARY EXPLOSIVE DETECTION RESPONSES

9.11 ADDITIONAL DUTIES

10 CONDUCT OF CONTRACTOR PERSONNEL

10.1 GENERAL INFORMATION

10.2 REPORTING ADVERSE INFORMATION

10.3 GOVERNMENT DIRECTED REMOVAL OF CONTRACTOR EMPLOYEES

10.4 CONTRACT EMPLOYEE REINSTATEMENTS

11 KEY PERSONNEL

11.1 GENERAL INFORMATION

11.2 CONTRACT MANAGER

12 OPERATIONS

12.1 WORK SITE

12.1.1 SCHEDULE

12.1.2 BREAKS

12.1.3 COMPLIANCE

12.2 CONTRACT EFFORT REQUIRED

12.2.1 PRODUCTIVE HOURS

12.2.2 RESERVE FORCES

12.2.3 TEMPORARY ADDITIONAL SERVICE (TAS)

12.2.4 SUPERVISION

12.2.5 OPEN POST

13 GOVERNMENT-PROVIDED EQUIPMENT

13.1 GENERAL INFORMATION

13.2 USE OF GOVERNMENT–PROVIDED EQUIPMENT

13.3 ACCOUNTABILITY OF GOVERNMENT EQUIPMENT

13.4 SAFEGUARDING GOVERNMENT EQUIPMENT

13.5 DHS HSPD-12 PERSONAL IDENTITY VERIFICATION (PIV) CARDS

14 CONTRACTOR-PROVIDED EQUIPMENT

14.1 GENERAL INFORMATION

14.2 COMMUNICATIONS EQUIPMENT

14.3 VEHICLES………………………………………………………………………………………………………………………………………………………………………..…………… 51

14.4 PERSONAL PROTECTIVE EQUIPMENT (PPE)

14.5 UNIFORMS AND GROOMING

14.6 SUPPLEMENTARY EQUIPMENT

14.7 POST TRACKING SYSTEM (PTS)/TABLET/KIOSK DEVICES…………………………………………………………………………………. 53

15 QUALITY CONTROL AND QUALITY ASSURANCE

15.1 QUALITY CONTROL

15.2 QUALITY ASSURANCE

16 CANINE HEALTH AND WELFARE

17 EXHIBITS AND ATTACHMENTS LIST

18 DELIVERABLES

1 Introduction

1.1 General Information

1.1.1 This is a Statement of Work (SOW) for the Department of Homeland Security (DHS), Federal Protective Service (FPS) to provide Explosive Detection Canine Team (EDCT) services at the below listed locations.

1.1.1.1 FPS Region 2, New York City, the borough of Manhattan.

1.1.1.2 FPS Region 11, Office of the Director of Intelligence (ODNI), Bethesda MD.

1.1.2 The FPS considers EDCT positions equivalent to the Department of Labor, Service Contract Act Directory of Occupations, 27030 Detection Dog Handler.

1.1.3 The FPS considers EDCT positions equivalent to the Occupational Safety and Health Administration (OSHA) First Responder, Awareness Level, 29 CFR 1910. 120(q)(6)(i).

1.1.4 The Contractor shall provide and maintain all management, supervision, manpower, security clearances, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, files, and any other resources necessary to accomplish EDCT services as described and required within this SOW and any revisions to the SOW, as specified in contract modifications.

1.1.5 The Contractor may be financially liable for accepting or implementing changes by anyone other than the Contracting Officer (CO); therefore, the Contractor shall be responsible for verifying with the CO whether the Contractor should provide any requested changes pending issuance of a contract or task order modification.

1.1.6 Where the Government identifies and references Solicitation/Contract Section numbers, that reference refers to that Section in its entirety, to include all subsections having the same number prefix. References to United States citizenship and locations include those areas designated as U.S.

territories or commonwealths.

1.2 Federal Protective Service

1.2.1 The Federal Protective Service protects federal facilities and those who occupy them by conducting law enforcement and security operations and leveraging access to the intelligence and information resources of our network of Federal, state, local, tribal, territorial, and private sector partners. From our security industry partners and law enforcement personnel, to those who support the operations of the Service, we approach our mission as one team. Every day we protect the homeland by managing risk and ensuring continuity for one of the most crucial elements of our national critical infrastructure, our nation's federal facilities.

1.2.2 The EDCTs perform an exceptionally crucial role in support of the FPS mission and are typically the first line of defense in detecting explosives on the grounds of federal property. In this exceedingly visible role, EDCTs serve as a vital defense-in-depth countermeasure. Contractors and their employees shall be vigilant in performing their duties in a courteous and professional manner.

1.3 Acronyms

1.3.1 This SOW contains numerous acronyms. Upon introduction of a new term, an acronym shall appear in parentheses; below is a list of acronyms, not all-inclusive, that appear in this document multiple times.

American Heart Association (AHA) American Red Cross (ARC)

Automated External Defibrillator (AED) Cardiopulmonary Resuscitation (CPR)

Continuity of Operations (COOP) Contracting Officer (CO)

Contracting Officer’s Representative (COR) Defense Security Service (DSS)

Department of Homeland Security (DHS) Department of Labor (DOL)

Entry on Duty (EOD) Fair Labor Standards Act (FSLA)

Federal Management Regulation (FMR) Federal Protective Service (FPS)

General Services Administration (GSA) Homeland Security Presidential Directive (HSPD)

National Industrial Security Program Occupational Health and Safety Operating Manual (NISPOM) Administration (OSHA)

Personal Identification Verification (PIV) Statement of Work (SOW)

United States Code (USC) Master Certification List (MCL)

1.4 Federal Management Regulations (FMR) and Other Applicable Documents

1.4.1 The Federal Management Regulation (FMR) 41, Code of Federal Regulations (CFR) 102-74, regulates allowable conduct of persons entering in facilities or on Equipment under the charge and control of the General Services Administration (GSA).

1.4.2 The basic procedures for operation, maintenance, and protection of federal facilities and government equipment are contained within government regulations and FPS policies. The requirements contained in this contract are derived from such regulation and policy.

1.4.3 The Contracting Officer’s Representative (COR) shall ensure Post Desk Books, containing complete duty instructions for each post are available for EDCTs. Post Desk Books shall remain at government sites. The Contractor and contractor employees shall not reproduce, in any manner, any content of a Post Desk Books unless specifically authorized in writing by the COR or other authorized government official.

1.4.4 Post Desk Books, Post Orders, operational memorandums, directives, or other supplemental information may be identified and marked according to a specific sensitivity, such as; For Official Use Only (FOUO), Sensitive But Unclassified (SBU), or Law Enforcement Sensitive (LES). The Contractor and contractor employees shall safeguard this type of information or material appropriately and shall not disclose any such information or material to individuals outside the FPS and EDCT communities.

1.5 Contractor Cooperation in Litigation and Other Related Matters

1.5.1 In the event the Federal Protective Service or the Department of Homeland Security is named as or later becomes a party to any lawsuit, claim, or compliant, grievance or administrative action which involves an allegation of discrimination or retaliation under the Americans with Disability Act of 1990 (42 U.S.C. §§ 12101-12213), the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Equal Pay Act (29 U.S.C. 206(d)), or the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C 200ff et seq.), brought by one or more of the Contractor’s employees, the Contractor agrees:

1.5.1.1 To provide to the Federal Protective Service and/or the Department of Homeland Security, upon request, copies of all nonprivileged documents (to include electronic communications such as email), which relate to or are otherwise relevant to the action, conduct, or matter at issue in the lawsuit, claim, complaint, grievance or administrative action.

1.5.1.2 To allow Federal Protective Service and/or the Department of Homeland Security, upon request, to interview and Contractor employees, regarding nonprivileged matters which relate to or are otherwise relevant to the action, conduct, or matter at issue in the lawsuit, claim, complaint, grievance, or administrative action.

1.5.1.3 To make its employees appear for testimony, in a paid status, in response to requests from the Federal Protective Service or Department of Homeland Security, regarding any relevant nonprivileged matters, including at disposition and hearings in any lawsuit, claim, complaint, grievance or administrative action; and to require its employees to cooperate with Federal Protective Service and/or Department of Homeland Security counsel in responding to any discovery requests. Contractor and its employees shall comply with orders from and administrative law judge, administrative judge, the Equal Employment Opportunity Commission, including its Office of Federal Operations, the U.S.

Merit Systems Protection Board, or any other individual, office or body overseeing and/or adjudicating any lawsuit, claim, complainant, grievance or administrative action alleging a violation of any of the laws referenced above in paragraph 1.5.1.

1.5.1.4 To not withhold or destroy any nonprivileged information or documents (including emails and other electronic communication) from the Federal Protective Service and/or the Department of Homeland Security, once the Contractor is made aware that the Federal Protective Service or the Department of Homeland Security has been named as a party to any lawsuit, claim, complaint, grievance or administrative action alleging a violation of any of the laws referenced above in paragraph 1.5.1.

1.5.2 In the In the event a Contractor employee is accused (1) by a fellow Contractor employee, (2) a federal employee, or (3) a member of the public, or harassment based on race, color, sex (to include sexual orientation), religion, or national origin, age, disability, genetic information or other protected status, the Contractor shall take the following actions:

1.5.2.1 Take all necessary and appropriate actions to immediately stop the alleged harassment. Any actions take to stop the allege harassment shall be within the sole and exclusive authority of the Contractor. Any nonprivileged documents implementing these actions are to be provided to the Federal Protective Service and/or the Department of Homeland Security, if necessary, pursuant to paragraph

1.5.1.1 above.

1.5.2.2 Promptly begin performing an administrative investigation into the allegation(s). This investigation should, at a minimum, include obtaining, when possible, written statements from the alleged victim, alleged offending party, and any eyewitnesses to the conduct at issue. All nonprivileged portions of the investigation (e.g., witness statements, physical/documentary/electronic evidence, and factual summaries) are to be provided to the Federal Protective Service and/or Department of Homeland Security in accordance with paragraph 1.5.1.1 above.

1.5.2.3 Take appropriate disciplinary action, if warranted, against the offending Contractor employee.

The decision to discipline or not discipline a Contractor employee based on a claim of harassment is within the sole and exclusive authority of the Contractor. If disciplinary action is taken against a Contractor employee, the Contractor shall provide a copy of said discipline to the Federal Protective Service and/or Department of Homeland Security in accordance with paragraph 1.5.1.1 above.

1.5.2.4 Perform anti-harassment training, if warranted. The decision to perform or not perform such training with its workforce is within the sole and exclusive authority of the Contractor. If the Contractor chooses to perform any anti-harassment training in response to any claim of harassment, a copy of said training and a list of attendees shall be provided to the Federal Protective Service and/or the Department of Homeland Security in accordance with paragraph 1.5.1.1 above.

2 Contract Transition

2.1 Phase – In

2.1.1 A smooth and orderly transition between incoming and outgoing Contractors is necessary to ensure minimum disruption to vital contract services and government activities. The Phase-In period shall be a maximum of one hundred and twenty (120) days for startup, from the contract award date to the performance start date.

2.2 Phase – Out of Contract and Continuity of Services

2.2.1. The Contractor shall provide the incoming Contractor all current EDCTs personnel records as outlined in Section 7.2.5, excluding those documents that would violate PII, HIPAA, or other proprietary laws or regulations, within ninety (90) days prior to the expiration of the current contract, to the incoming Contractor.

2.2.2. Contractor noncompliance of Section 2.2.1 may negatively impact final performance evaluation and FPS may withhold final payment until resolved.

2.3 Conferences and Meetings

2.3.1 The Contractor shall be required to attend a Government-scheduled post award meeting after the contract award, but prior to the start of the contract performance. This meeting shall encompass an in-depth review of the contract requirements and the Contractor’s Transition Plan.

2.3.2 Contractor will prepare written minutes for all meetings, to include signature blocks for Contractor and CO and provide written minutes within seven (7) calendar days after meeting date.

The CO will maintain a copy of the minutes in the contract file.

2.3.3 Should the Government not concur with minutes as prepared; the Government will provide a written memorandum identifying areas for clarification and/or disagreement within seven (7) calendar days after receipt of minutes. These memorandums will be attached to corresponding meeting minutes.

3 Plans

3.1 General

3.1.1 Each plan submitted in accordance with Section 3 is subject to a Government review, approval, and acceptance. The Government reserves the right to request revision(s) to the submitted plans.

3.2 Transition Plan

3.2.1 The Contractor shall provide a Transition Plan to the CO, COR, and PSOO within seven (7) calendar days after the contract award.

3.2.2 The Transition Plan shall address, at minimum, the following areas:

3.2.2.1 Staffing

• Organizational Chart

• Name(s) of Key Personnel, to include resume and contact information

• Roles and responsibilities of Management and Administrative personnel

• Staffing Levels

• Process for transitioning predecessor contractor employees, if applicable

• Recruitment of new employees

• Implementation strategies o Post coverage during personal breaks and meal periods (meal periods that exceeds 30 minutes) o Reserve Force o Emergency services o Supervisory Plan

3.2.2.2 Communications

• Equipment

• Methods

• Protocols

3.2.2.3 Canines, Inventory and Equipment

• Training

• Accountability

• Maintenance

3.2.2.4 Calendar (Detailed)

• Daily and weekly transition events throughout the transition period

• Procurement timeline for equipment and uniforms

3.2.2.5 Status and Progress Reports

• Applications and medical requirements

• Equipment and uniform purchases and current supply

• Certifications, Licenses, and Registrations

• Personnel fitness determinations

• Staffing

• Transition events

3.2.3 The Contractor shall provide weekly (Monday by 10:00 am ET) transition status and progress reports during the transition period, addressing items specified in Section 3.2.2.5.

3.3 Training Plan

3.3.1 The Contractor shall be responsible for providing the CO, COR, and PSOO a Training Plan, to include a proposed Training and Qualification schedule, within ten (10) calendar days after the contract award.

3.3.2 The Training Plan shall address, at minimum, the following areas:

• Coordination with FPS (COR)

• Proposed schedules

• Sources of Third-Party training

• Strategy for meeting training requirements

• Training locations

3.4 Quality Control Plan

3.4.1 The Contractor shall provide the CO, COR, and PSOO a detailed Quality Control Plan within fifteen (15) calendar days after the contract award.

3.4.2 The Quality Control Plan shall address, at minimum, the following areas:

• Deficiency reporting

• Discipline procedures

• Inspection checklists or other QA assessment methods

• Type, level, frequency, and reporting of Quality Control activities

• Duties, responsibilities, and authorities of Quality Control personnel

3.5 Continuity of Operations (COOP) Plan

3.5.1 The Contractor shall provide the CO, COR, and PSOO a COOP Plan within fifteen (15) calendar days after the contract award.

3.5.2 The COOP shall identify provisions for the acquisition of resources (personnel and canines) for the continuity of operations, for all federal facilities under this contract, during other than normal operations, when and where applicable, until the resumption of normal operations.

3.5.3 The COOP Plan shall address, at minimum, the following areas:

• Communication with employees and the Government o Any changes required to the Contractor’s information technology infrastructure to maintain serviceability and support o Any established alert and notification procedures for mobilizing personnel o Approach for communicating expectations to employees, regarding their roles and responsibilities

• Compliance with applicable Occupational Safety and Health Administration (OSHA)

• Identification and tracking of emergencies and pandemics, to include the impact on personnel

• Realignment and augmentation of Resources o Acquisition timelines for personnel and canines (initiation to availability) o Challenges associated with relocating personnel and canines to other locations o Challenges associated with maintaining services during extended periods (to include TAS) o Logistic capabilities (storage, distribution, inventory) o Prioritization and deployment of a limited workforce

3.6 Privacy Act, Records Management and IT Security Requirements

3.6.1 Required DHS Privacy Act, Records Management, and IT Security, Records Management Training for Contractors.

All contractor employees shall complete initial and annual DHS Privacy Act, Records Management, and Information Technology (IT) Security Awareness training courses.

Contractor employees shall satisfy these training requirements by completing Privacy at DHS:

Protecting Personal Information. This training will be sent via email by the COR to the Contractor. Initial training shall be completed within 30 days of contract award. These training requirements shall be completed annually and no later than October 31st of each year. If a contractor employee is hired during the course of contract performance, the contractor employee shall complete the initial training prior to standing post and then complete on an annual basis thereafter not later than October 31st of each year. The above training will be documented on Exhibit 14, DHS Required Certifications (Privacy, IT Security & Records Management) and placed in the EDC handler’s File.

The Federal Information Security Management Act (FISMA) requires all individuals accessing FPS information, regardless of their employment status, be they Federal or Contractor employees, to take both Information Technology Security and Records Management training annually. Both courses (Information Technology Security and Records Management) can be obtained via government provided CD. The Contractor shall maintain copies of certificates as a record of compliance. The Contractor must use Exhibit 14 and upload the form to the Training and Academy Management System (TAMS), or other approved system of record, when the required information Security, Records Management, and Privacy Act training has been completed for all contractor’s employees. The Contractor must report:

• Suspected loss or compromise of Sensitive Personally Identifiable Information (SPII) by its employees or subcontractors to the DHS Help Desk at 1-800-250- 7911 within one hour of the initial discovery.

• The Contractor must develop and include in its internal procedures (which are submitted to FPS via vendors training plan) how its employees and subcontractors are trained to identify and report potential loss or compromise of SPII.

• Contractors must provide a written report to the COR and Cybersecurity and Infrastructure Security Agency (CISA) Office of Privacy at NPPDPrivacy@hq.dhs.gov within 24 hours of suspected loss or compromise of SPII containing the following information:

o Narrative, detailed description of events surrounding the suspected loss/compromise o Location, date, and time of the incident o Type of information lost or compromised o Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment o Names of person(s) involved, including victim, Contractor employee/subcontractor and any witnesses o Cause of the incident and whether the company’s internal procedures were followed or not, and which specific provisions were not followed o Actions that have been or will be taken to minimize damage and/or mitigate further compromise o Recommendations to prevent similar situations in the future, including whether the internal procedures need to be modified in any way and whether additional training may be required.

• Notwithstanding any other remedies available to CISA, the contractor will indemnify the CISA against all liability (including costs and fees) for any damages arising out of violations of this clause.

• The Contractor must cooperate with CISA or other government agency inquiries into the suspected loss or compromise of SPII to facilitate activities outlined in the DHS Privacy Incident Handling Guide (PIHG) and Office of Management and Budget M-07-16, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information,” May 22, 2007. The DHS PIHG is an 88-page public document on the DHS Privacy Office website. Link:

http://www.dhs.gov/xlibrary/assets/privacy/privacy_guide_pihg.pdf.

• At the government’s discretion, Contractor employees or subcontractor employees may be identified as no longer eligible to access SPII or to work on that contract based on their actions related to the loss or compromise of SPII.

• If a SPII breach occurs because of the violation of a term of this contract by the Contractor mailto:NPPDPrivacy@hq.dhs.gov http://www.dhs.gov/xlibrary/assets/privacy/privacy_guide_pihg.pdf or its employees, the Contractor shall, as directed by the contracting officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed twelve (12) months from discovery of the breach.

Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the Contractor will be responsible for reimbursing the Government for those expenses.

Definitions:

“Breach” (may be used interchangeably with “Privacy Incident”) as used in this clause means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, in usable form whether physical or electronic.

“Personally Identifiable Information (PII)” as used in this clause means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States.

Examples of PII include: name, date of birth, mailing address, telephone number, Social Security Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Personally Identifiable Information (Sensitive PII)” as used in this clause is a subset of Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

Complete SSNs, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered Sensitive PII even if they are not coupled with additional PII.

Additional examples include any groupings of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Criminal history

(5) Medical information

(6) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other Personally Identifiable Information may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains Personally Identifiable Information, but it is not sensitive

4 Authority and Jurisdiction, Licenses, and Adherence to Laws

4.1 General Information

4.1.1 An EDCT handler’s authority to conduct inspections and sweeps are in accordance with the Federal Management Regulations (FMR), GSA and FPS policies and procedures as well as requirements outlined in this SOW.

4.1.2 The Contractor shall obtain, renew, and possess the required licenses and permits as specified under this contract and applicable federal, state, or local regulating agencies governing EDCTs.

4.1.3 The CO, COR, and other authorized government personnel supporting this contract shall have express authority to examine, upon request, all licenses and permits at any time during the contract period.

4.1.4 The Contractor shall NOT seek Government assistance or interference in receipt of legally required licenses.

4.1.5 The Contractor must obtain required licenses for company and/or contract employees prior to EDCT handlers standing post; not completing these actions could result in adverse actions, to include Termination for Default or cause, as applicable.

4.1.6 The Contractor must maintain valid licenses throughout contract period; not completing these actions could result in adverse actions, including but not limited to, Termination for Default or Cause, as applicable.

4.1.7 Contractor shall complete, certify, and maintain the handler and canine records (electronic/scanned or paper) that show names and issue dates for each contract employee and canine training and certifications.

4.1.8 False statements, certification, or falsification of any documents required in this contract by the Contractor, Contract Manager, or any contract employee shall be punishable under U.S. Code Title 18 Unites States Code (USC), Section 1001, False, Fictitious, Fraudulent Statement/ Representation.

The Government may initiate investigations by its Office of Inspector General or Regional Criminal Investigations Branch, may initiate debarment proceedings, and/or may take contractual remedies, up to and including Termination for Default or cause. Under no circumstances, whatsoever, will the Government tolerate falsification of required documents.

4.1.9 The Contractor shall adhere to all federal, state, and local government laws, regulations, and statutes, to include but are not limited to areas concerning health, safety, security, and privacy.

4.2 State and Local Requirements

4.2.1 Contractor shall obtain, possess, and maintain state and/or local requirements, except where precluded by local law or ordinance, prior to commencement of work under this contract, to include:

• Business and corporate licenses to operate.

• Official bond(s) and insurance, and pay any fees or costs involved or related to the requirements in this contract.

5 EDC Handler & Canine Qualifications

5.1 General Information

5.1.1 To be eligible to perform duties under this contract, an EDC handler shall meet the following general qualifications:

• Be a United States citizen; or a o Lawful Permanent Resident who is currently a member of, or who possesses a verifiable honorable discharge from, any component the United States Armed Forces

• Been issued a Social Security Card by the Social Security Administration (SSA), which bears the individuals name and social security number

• Have verifiable documentation of experience and at least one of the educational levels listed below:

o Experience o A minimum of five (5) years of EDC handler experience Education

▪ Received a High School Diploma from an accredited learning institution recognized by the U.S. Department of Education or as identified on a DD 214; or

▪ Received a General Equivalency Diploma from an accredited learning institution recognized by the U.S. Department of Education or as identified on a DD 214; or

▪ A minimum of 60 credit hours, from an accredited learning institution recognized by the U.S. Department of Education; or

▪ Successful completion of a federal, state or local certified EDC training course

• Shall fluently speak, read, comprehend, and compose coherent written reports in English

• Be a minimum of 21 years of age

5.1.2 The Contractor shall adhere to the minimum age requirements set forth by federal, state, or local laws. If a minimum age requirement exceeds the contract minimum age requirement of 21 years of age, the applicable law shall take precedence.

5.1.3 The Contractor shall utilize canines suitable for explosive detection. Working dogs suitable for explosive detection are of the following breeds: German Shepherds, Labrador Retrievers, German Shorthaired Pointers, German Wirehaired Pointers, Vizslas, Belgian Malinois and Golden Retrievers.

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.1.1 The Contractor is solely responsible for complying with the provisions of the Americans with Disabilities Act of 1990, (42 USC 12101-12213), Rehabilitation Act of 1973, (29 USC 790-794), and applicable Occupational Safety and Health Standards (OSHA) (29 CFR 1910).

5.2.1.2 The Contractor is solely responsible for ensuring EDC handlers are able to meet the medical and physical standards prescribed in this contract. In the event the Contractor determines that a EDC handler cannot meet one or more of the medical or physical standards, the Contractor shall engage the EDC handler in the interactive process to determine (1) if the EDC handler poses a “direct threat” (as defined in 29 C.F.R. § 1630.2(r) and any successor regulatory provision), such that the EDC handler is not qualified for the position; and (2) whether the EDC handler can perform the essential functions of the position with or without a reasonable accommodation. The Contractor will then make the final determination whether the EDC handler poses a direct threat and/or whether to grant or deny reasonable accommodation. If reasonable accommodations are requested, the Contractor shall provide the information, in full detail, to the COR for review.

5.2.1.3 The Contractor shall be solely responsible for ensuring EDC handlers are able to perform the essential functions described within this SOW, with reasonable accommodation, if applicable. The Contractor shall be solely responsible for engaging the EDC handlers in the interactive process and for making individualized assessments to determine whether an EDC handler: (1) poses a “direct threat” (as defined in 29 C.F.R. § 1630.2(r) and any successor regulatory provision), such that the EDC handler is not qualified for the position; and (2) can perform the essential functions of the position. If the EDC handler alleges he/she has a disability and requires reasonable accommodation to perform the essential job functions, it is sole responsibility of Contractor to discuss reasonable accommodations with the EDC handler and to decide what accommodation(s), if any, to provide at its own expense.

5.2.1.4 The Contractor shall be solely responsible for removing from or not otherwise placing on this contract, any contractor employees who pose a “direct threat” (as defined in 29 C.F.R. § 1630.2(r) any successor regulatory provision, are deemed incapable of performing the essential functions.

5.2.2 Pre-Employment Medical Examination

5.2.2.1 The Contractor shall ensure EDC handlers undergo a pre-employment (new hire) medical examination prior to working on the contract. Incumbent EDC handlers shall undergo a medical examination every five (5) years to continue working on the contract. The Contractor shall ensure a licensed physician fully and accurately completes all sections of Exhibit 8, Physician’s Certification – Medical Examination. Exhibit 8, Section 1 (Physician’s Certification Signature Page) shall be part of the EDC handler’s personnel file.

5.2.3 Initial, Random, and Recurring Screening for Illegal Drugs

5.2.3.1 The EDC handlers (new hire) shall submit to a urine drug screening as part of initial pre-employment and medical examination. Incumbent and new hire EDC handlers may undergo random and Government-requested urine drug screening throughout the contract period. EDC handlers must undergo urine drug screening every five (5) years as part of the medical examination.

5.2.3.2 Drug screenings shall conform to current U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Mandatory Guidelines for Federal Workplace Drug Testing Programs.”

5.2.3.3 The Contractor shall use laboratories listed on SAMHSA’s “Current List of Laboratories Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies.”

5.2.3.4 The Contractor shall not permit an applicant/employee to take multiple urine drug screenings in order to receive an acceptable reading.

http://www.samhsa.gov/

5.2.3.5 The Contractor shall perform random drug screenings for 1% of all EDC handlers assigned to this contract monthly.

5.2.3.6 The Contractor shall immediately remove a Contractor employee(s) from the contract and immediately inform the COR and CO of the results when a verified positive reading is received.

5.2.3.7 The Contractor shall provide monthly reports, detailing frequency and results of random drug screenings, to the COR on the 10th day of each month.

5.2.3.8 The Government shall permanently disqualify any contractor employee who undergoes either a pre-employment, random, or Government-requested drug screening and receives a verified positive (meets or exceeds cutoff levels) for any substance(s) from working under this or any other FPS services contract.

5.2.4 Government Requested Screening

5.2.4.1 The CO and/or COR may request urine drug screening, in writing, to the Contract Manager at any time. Drug screening shall follow guidelines described in Section 5.2.3.

5.2.4.2 Contract Manager shall arrange for a urine test as soon as possible, but no later than three (3) working days from receipt of the government’s written request.

5.2.4.3 Contract employee(s) identified for Government-requested urine drug screening shall not continue working under contract until Contractor receives test results.

5.2.4.4 Contractor shall pay contract employee normal hourly rate/salary for time associated with screening.

5.2.4.5 Government shall also request a Breath Alcohol Test (BAT) or urine screening for EDC handlers working on post who appear under the influence of an alcoholic beverage.

5.2.4.6 Contractor may submit a Request for Equitable Adjustment for reimbursement, if results of urine drug screening or BAT are negative.

5.3 Fitness Determinations

5.3.1 Personnel performing on this contract shall have a requirement to obtain a fitness determination conducted by the Government.

5.3.2 The Contractor shall submit newly hired EDC handler and Key Personnel DHS Form 11000-25, Contractor Fitness/Security Screening Request Form (Exhibit 11) to the COR within ten (10) calendar days after contract award. DHS Forms 11000-25 are not required for incumbent EDC handlers.

incumbent EDC handler Supervisors and EDC handlers currently working on contract do not have to submit DHS Forms 11000-25 to the COR after contract award. The DHS Form 11000-25 is also required for any contractor employees working under or supporting this contract that will require frequent, unescorted access to government facilities (to include visits to EDC handler posts).

5.3.3 Contractor personnel shall not be able to perform under this contract until receiving a favorable Enter on Duty (EOD) or fitness determination.

5.3.4 Once a prospective contractor employee applies for a position and receives a favorable evaluation by Contractor (i.e., meets the minimum qualification requirements cited in this contract and otherwise meets Contractor’s hiring criteria), the Contractor shall submit the following forms for each contractor employee to the COR:

• DHS Form 11000-25, Contractor Fitness/Security Screening Request Form (Exhibit 10)

• Two completed original Forms FD-258, Fingerprint Chart

• DHS Form 11000-9, Disclosure and Authorization Pertaining to Consumer

Reports pursuant to Fair Credit Reporting Act

• Optional Form (OF) 306, Declaration for Federal Employment (Exhibit 13)

• Following forms via e-QIP:

o Standard Form (SF) 85P, Questionnaire for Public Trust o Supplemental Form to Standard Form (SF) 85P, Additional Questions for

Public Trust Positions - Branching o Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

5.3.5 Once a completed personnel security package has been received, the standard processing time is generally up to twenty-one (21) calendar days, so long as there are no derogatory issues. If there are derogatory issues which require the EDC handler to respond to a Letter of Interrogation (LOI), the processing time will take longer. This will depend on the submission of documents and/or response time by the EDC handler. The Contractor should plan their security form submissions accordingly.

5.3.6 The Government shall make all fitness determinations for Contractors in accordance with criteria equivalent to 5 CFR 731.202.

5.3.7 Incumbent EDC handlers that are undergoing their periodic reinvestigation are eligible to continue supporting FPS contracts, as long as they are complying with their e-QIP requirement to submit updated security forms and associated personnel security intake processes. If the EDC handler is not compliant with the intake processes, their company representative may be directed by FPS to remove the EDC handler from the contract.

5.3.8 The Contractor shall submit incumbent personnel security paperwork 120 days prior to the previous investigation’s expiration date.

5.3.9 The Contractor shall ensure that all personnel security forms submitted to FPS are complete, legible, and accurate. FPS shall return illegible or incomplete forms.

5.3.10 The Contractors may use local, state, or federal law enforcement sources to obtain readable fingerprints on form FD-258 fingerprint cards. Two cards are required.

5.3.11 The CO shall have express authority to prohibit any contractor employee from performing under this contract until the contractor employee comes into full compliance with fitness criteria.

5.3.12 Investigations conducted by or for another federal agency on an individual that is of same or higher type and scope, as the one required for a position identified in this contract, is sufficient to meet investigation requirements, if the investigation occurred within the past five (5) years. The investigation will be obtained and reviewed in conjunction with new forms and pre-employment checks to make a fitness determination.

5.3.13 The Government shall grant reciprocal recognition to a prior favorable fitness or suitability determination when the following requirements have been fulfilled:

• The prior determination is based on criteria equivalent to suitability standards established by the OPM;

• The prior determination is based upon an investigation that is the same or higher level and that investigation was completed within the past five (5) years;

• The individual has had no break in employment and no break in service under a federal contract since that prior determination;

• New security forms as annotated in Section 5.3.4 are obtained; and

• New pre-employment automated records checks are completed.

5.3.14 The Government shall not grant reciprocal recognition of a prior favorable fitness or suitability determination when:

• The new investigation is a higher level of investigation than previously conducted;

• The Government obtains new information that calls into question the individual’s fitness based on character or conduct;

or

• The prior investigative record shows conduct that is incompatible with the core duties of the new position or with the core mission of the agency.

5.3.15 For a contractor employee cleared through this process, while employed under a predecessor contract, the fitness determination made under that contract shall carry over to the new contract.

5.3.16 The Government may not be able to complete a satisfactory background investigation on individuals not residing in the United States for three of the past five (5) years. In such cases, Government retains right to deem individual(s) as ineligible due to insufficient background information.

5.3.17 The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating fitness determinations for contractor employees.

5.3.18 The Government may, as it deems appropriate, authorize and grant a preliminary fitness determination to contractor employees.

5.3.19 The issuance of a preliminary fitness determination to any contractor employee shall not be an assurance that FPS shall grant a final fitness determination at a later time.

5.4 Entry on Duty (EOD) Decisions

5.4.1 The Government shall have and exercise full control over granting, denying, withholding, or terminating unescorted access to a government facility and or sensitive government information access for contractor employees, based upon results of a background investigation.

5.4.2 The Government may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. A favorable EOD decision would allow contractor employees to commence work prior to completion of the full investigation.

5.4.3 The granting of a favorable EOD decision or a final fitness determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by FPS, at any time during contract period.

5.4.4 The Contractor shall not allow any contractor employee unescorted access to a government facility without a favorable EOD decision or fitness determination by FPS.

5.4.5 A contractor employee awaiting an EOD decision may begin training for work, provided they do not access sensitive Government…